Page 1990 - Week 07 - Thursday, 23 August 2007

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MR DEPUTY SPEAKER: If you could put it another way that would be nice, Mr Barr.

Mr Smyth interjecting

MR BARR: Speaking like a planner. Yes, I will put that another way: if a design feature fully complies with the relevant rule, then it cannot be reassessed on appeal. The substance of amendment 30 was in schedule 1 of the presentation version of the bill. This amendment to clause 120 of the bill, in conjunction with amendment 139, brings the provision into the main body of the bill to give it more prominence. Companion amendment 139 also does similar things.

MR DEPUTY SPEAKER: Thank you, Mr Barr. I am really clear on that matter.

Amendment agreed to.

Clause 120, as amended, agreed to.

Clause 121 agreed to.

Clause 122.

MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (5.34): I move amendment No 31 circulated in my name [see schedule 1 at page 2065].

This amendment inserts a new clause 122 (e) in clause 122 of the bill to specify additional circumstances under which the impact track will apply. The territory may enter into bilateral agreements with the Commonwealth in relation to the assessment of activities that may require approval under the Environment Protection and Biodiversity Conservation Act 1999. The new clause applies if there is such a bilateral agreement or a proposed activity requires assessment under the EPBC Act and the Planning and Development Act 2007, or if the Commonwealth minister advises the territory that assessment under the EPBC Act will not be required because assessment under the Planning and Development Act 2007 by the territory will suffice. The clause requires the territory assessment of the proposed activity to be under the impact track.

MR SESELJA (Molonglo) (5.36): We will be supporting this amendment. It is quite a reasonable amendment. I think it is one of those amendments that probably should have been there initially but was missed. It has been part of this process. It is good that this hole has been fixed.

Amendment agreed to.

Clause 122, as amended, agreed to.

Clauses 123 to 131, by leave, taken together and agreed to.


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